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My Part of The Report For Nat Res
My Part of The Report For Nat Res
After analyzing the evidence, the trial court rendered a Section 68. Cutting, Gathering and/or Collecting Timber
decision, the dispositive portion of which reads: or Other Forest Products Without License.-Any person
who shall cut, gather, collect, remove timber or other
WHEREFORE, judgment is rendered as follows: forest products from any forest land, or timber from
alienable or disposable public land, or from private land,
1. CONVICTING the accused PASTOR TELEN beyond without any authority, or possess timber or other forest
products without the legal documents as required under
reasonable doubt of the offense charged and there being
existing forest laws and regulations, shall be punished
no modifying circumstances, and with the Indeterminate
with the penalties imposed under Articles 309 and 310 of
Sentence Law being inapplicable, the herein accused is
the Revised Penal Code: Provided, that in the case of
hereby sentenced to suffer the indivisible penalty of
RECLUSION PERPETUA, with the accessory penalties partnerships, associations, or corporations, the officers
who ordered the cutting, gathering, collection or
provided by law, which is two (2) degrees higher than
possession shall be liable, and if such officers are aliens,
PRISION MAYOR maximum, the authorized penalty
they shall, in addition to the penalty, be deported without
similar to Qualified Theft, and to pay the costs. His bail
further proceedings on the part of the Commission on
for his provisional liberty is hereby cancelled and he
shall be committed to the New Bilibid Prisons, Immigration and Deportation.
Muntinlupa, Metro Manila thru the Abuyog Regional
Prisons, Abuyog, Leyte via the Provincial Warden, The Court shall further order the confiscation in favor of
Maasin, Southern Leyte; the government of the timber or any forest products cut,
gathered, collected, removed, or possessed, as well as
xxx the machinery, equipment, implements and tools illegally
used in the area where the timber or forest products are
found.
In his appeal Pastor Telen interpose the following
assignments of error:
Appellant Telen contends that he secured verbal
permission from Boy Leonor, Officer- in-Charge of the
I DENR-CENRO in Maasin, Southern Leyte before cutting
the lumber, and that the latter purportedly assured him
THE LOWER COURT ERRED IN FINDING THE that written permit was not anymore necessary before
ACCUSED-APPELLANT GUILTY BEYOND cutting soft lumber, such as the Antipolo and Dita trees
REASONABLE DOUBT FOR VIOLATION OF SEC. 68, in this case, from a private track of land, to be used in
P. D. 705, AS AMENDED, BEING CONTRARY TO LAW renovating appellant’s house, provided that he would
AND THE EVIDENCE ON RECORD AND FOR BEING plant trees as replacements thereof, which he already
NOT IN CONFORMITY WITH DENR ADMINISTRATIVE did. It must be underscored that the appellant stands
ORDER NO. 79, SERIES OF 1990. charged with the crime of violation of Section 68 of
Presidential Decree No. 705, a special statutory law, and
xxx which crime is considered mala prohibita. In the
prosecution for crimes that are considered mala
The appeal is not impressed with merit. prohibita, the only inquiry is whether or not the law has
been violated. The motive or intention underlying the act
of the appellant is immaterial for the reason that his
It is not disputed that appellant Pastor Telen is the owner
mere possession of the confiscated pieces of lumber
of the fifty-one (51) pieces of assorted Antipolo and Dita
without the legal documents as required under existing
lumber with a total volume of 1,560.16 board feet. He
forest laws and regulations gave rise to his criminal
alleged that the pieces of lumber were cut from the track
liability.
of land belonging to his mother in San Jose, Maasin,
Southern Leyte which he intended to use in the
renovation of his house in Barangay Abgao of the same In any case, the mere allegation of the appellant
municipality. After having been confiscated by the police, regarding the verbal permission given by Boy Leonor,
Officer in Charge of DENR-CENRO, Maasin, Southern The Chainsaw Act regulates the use if chainsaws in
Leyte, is not sufficient to overturn the established fact cutting and processing wood products:
that he had no legal documents to support valid
possession of the confiscated pieces of lumber. It does The Chainsaw Act of 2002 Republic Act No. 9175
not appear from the record of this case that appellant
exerted any effort during the trial to avail of the testimony
Sec. 5. Persons Authorized to Possess and Use a Chain
of Boy Leonor to corroborate his allegation. Absent such
Saw. — The Department is hereby authorized to issue
corroborative evidence, the trial court did not commit an permits to possess and/or use a chain saw for the felling
error in disregarding the bare testimony of the appellant and/or cutting of trees, timber and other forest or agro-
on this point which is, at best, self-serving.
forest products to any applicant who:
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